ESA's Lowenstein Vows to Fight Oklahoma Video Game Law

Last Friday, GamePolitics was first with the news that Oklahoma Gov. Brad Henry (D) had signed his state's video game legislation into law.

The new statute is scheduled to take effect on November 1st and classifies violent video games as "harmful to minors," just like, say, hardcore pornography. Thanks to an unusual amendment in the Oklahoma Senate, the measure also includes unrelated language regarding signage around strip clubs and adult book stores.

As expected, ESA president Doug Lowenstein has issued a statement which signals the video game industry's intent to wage First Amendment war against Oklahoma's new law. Here is Doug's statement, in part:

"The ESA is deeply disappointed by the actions of the Oklahoma Legislature. We believe HB 3400 will restrict the First Amendment rights of Oklahoma's citizens, and intend to file suit in Oklahoma federal district court shortly, asking that the state's new video game law be overturned..."

"We do sincerely appreciate and respect the concerns that these legislators have. However, six courts in five years have struck down similar laws, ruling that they were unconstitutional and rejecting the unpersuasive claims made by states that violent video games cause aggression..."

"We hope that sooner or later state legislators and candidates will stop trying to seek headlines by subverting the constitution and frittering away desperately needed taxpayer dollars and instead enter into a constructive partnership to educate parents about the tools available so they, not government, can raise their kids as they see fit."

GP: Video game industry lawyers are going to have another busy year in 2006, it seems. GP expects Louisiana Governor Kathleen Blanco to sign her state's video game legislation into as early as this week. Since Louisiana's law is written to take effect immediately upon the Guv's signature, industry lawyers are likely making advance preparation to file for an injunction. The ESA, of course, has already filed suit in Minnesota over that state's consumer-targeted video game law.

Three state-level laws so far this year equals the record set in 2005 (Illinois, Michigan, California). With the status of pending bills in North Carolina, Delaware and New Jersey unclear, 2006 could be a record-breaker.

Want to talk about it? You can discuss this story via the "comments" feature (click below), or in the new GamePolitics Forums...